State v. McMillan

*599Defendant was convicted of felony driving under the influence of intoxicants (DUII), ORS 813.010, and criminal driving while suspended, ORS 811.182(4), after a stipulated facts trial. He appeals, assigning error to the trial court's denial of his motion to dismiss the charges on the basis that the prosecution was not commenced within the limitations periods for those offenses. The state concedes the error, we agree, and we vacate and remand.

Under ORS 131.125(8), a prosecution for felony DUII must be commenced within three years of the commission of the offense, and for criminal driving while…